G R GURURAJACHAR Vs. STATE OF MYSORE

JUDGEMENT

(1.) When the petitioner was serving as an Assistant Master in the Government High School, Channapatna, a departmental enquiry was held against him on charges of having received illegal gratification for conferring official favours on certain persons and of having mis-appropriated sale proceeds of old Government gazette, etc. He was found guilty and punishment of stoppage of five increments and recovery of Rs. 22 being the misappropriated amount was imposed by an order dated 11th of February 1959.

(2.) On 6-1-1960. a notice under R. 26 of the Mysore Civil Service (Classification, Control and Appeal) Rules, 1957, was issued to him to show cause why the punishment should not be enhanced to one of dismissal. He challenged that notice in WP. No. 68 of 1960 contending that though R.26 is set out in the notice it was in effect only a notice under R. 27 by the State Government and that under the said latter rule, the Government could not act because more than six months had elapsed from the date of imposition of punishment. His contention was accepted by this Court and the notice quashed by an order made on the 14th March 1962. The judgment of the Court is reported at page 262 of 1963(1) Mysore Law Journal.

(3.) On the 1st of July 1964, the Governor issued a notice to him under R.26 of the Mysore Civil Services (Classification, Control and Appeal) Rules, to show cause why the punishment mentioned above should not be enhanced to one of dismissal. The petitioner made a reply on the 8th December 1964.